Council Meeting

That the Minutes of the Council Meeting held on November 15, 2023, be adopted.

That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

That the report of the General Committee be received & adopted. (Items 1 to 3):

That the report entitled “Water and Wastewater System Financial Plan,” prepared in accordance with the Safe Drinking Water Act and Ontario Regulation 453/07, be received; and, That Council, as the Owner and Operating Authority of the City of Markham’s Drinking Water System, approve the Corporation of the City of Markham’s “Water and Wastewater System Financial Plan,” which indicates that the Markham drinking water and wastewater system is financially viable; and, That Council authorize Staff to submit the “Water and Wastewater System Financial Plan” to the Ministry of Municipal Affairs and Housing on or before the application deadline of January 21, 2024; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the proposed 202 4 Standing Committee & Council Meeting Calendar be adopted; and, That the public meeting scheduled for June 10, 2024 be moved to June 17, 2024; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report dated November 21, 2023 titled “2023 In-Year Capital Additions” be received; and, That Council approve 36 2023 in-year capital additions, which total $38,701,511 as outlined in Appendix 1; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

That the Staff report, dated November 27, 2023, titled, "Recommendation Report, Comments on Bill 139, Less Red Tape, More Common Sense Act , 2023 – Proposed Amendment to the Ontario Heritage Act and Regulation”, be received; and, That the City of Markham does not support the proposed changes to Section 33 of the Ontario Heritage Act concerning individually designated properties occupied by buildings used for religious practices; and, That this report be forwarded to the Minister of Citizenship and Multiculturalism as the City of Markham’s comments on Bill 139 (Schedule 14); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “VIA High Frequency Rail Project - Station Strategic Business Case” and presentation be received; and, That the City of Markham endorses the VIA High Frequency Rail Project – Station Strategic Business Case and the Box Grove Station location with all of its benefits from transit linkages, access to tourism destinations across the region, and economic development activity; and, That Staff engage the VIA HFR project office to present and submit the strategic business case that supports Box Grove as the preliminary preferred station location; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “City of Markham Road Safety Plan - Terms of Reference” and presentation be received; and That the following Terms of Reference for the development of the Markham Road Safety Plan be endorsed: Build on the outcomes of York Region’s Traveller Safety Plan and Markham’s Traffic Safety Audit to develop a Road Safety Plan that is tailored to the City of Markham; and, Develop and conduct a comprehensive stakeholder consultation plan to solicit public and stakeholder input and feedback throughout the development of the Road Safety Plan; and, Establish branding that is both specific for the City of Markham and complementary to the York Region Traveller Safety Plan to ensure consistent messaging is provided throughout the Road Safety Plan’s implementation; and, Complete a background review of relevant information, studies, and data to ensure the Road Safety Plan builds on previously completed work, is data-driven and evidence-based; and, Identify engineering and enforcement measures (safety tools) and assess their applicability, feasibility and effectiveness; and, Review the City’s existing traffic calming policy, specifically as it pertains to vertical traffic calming measures such as speed humps/cushions and raised intersections; and, Develop a 5-year capital program which prioritizes the implementation of recommended measures; and, Develop a business case detailing the resource requirements (i.e. staff and financial) necessary to deliver and sustain the Cit

That the report of the Development Services Committee be received & adopted. (Items 1 to 6):

That the Varley-McKay Art Foundation of Markham Financial Statements for the year ending December 31, 2022, be approved; and, That KPMG LLP be approved to audit the 2023 Varley McKay Art Foundation Financial Statements; and further, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Staff report, dated November 28, 2023, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase II Properties”, be received; and, That the written objections to designation under the Ontario Heritage Act as submitted by or on behalf of the property owners of 10159 McCowan Road (Ward 6) and 7880 Highway 7 East (Ward 5), be received as information; and, That Council affirm its intention to designate 2 Legacy Drive (Ward 7): “Box Grove United Church” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council affirm its intention to designate 81 Dickson Hill Road (Ward 5): “Dickson Hill Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council affirm its intention to designate 4130 Nineteenth Avenue (Ward 6): “Almira Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council affirm its intention to designate 4159 Nineteenth Avenue (Ward 6): “Almira General Store and Post Office” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council affirm its intention to designate 6772 Fourteenth Avenue (Ward 6): “Box Grove General Store” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, That Council af

That the report entitled “Markham Centre Trail, Master Plan Study (Wards 2, 3 and 8)”, be received; and, That the conceptual preferred trail route for the Markham Centre Trail, as set out in the Master Plan Environmental Study Report (ESR), be endorsed by Council; and, That City staff be authorized to issue a Notice of Study Completion and file the Master Plan Study for Markham Centre Trail with the Ministry of the Environment, Conservation and Parks (MECP); and, That City staff report back to Development Services Committee following the completion of the Markham Centre Secondary Plan Study and the Yorktech Drive Extension Environmental Assessment process to present the overall implementation program for the remaining sections of the Markham Centre Trails including timelines and a funding source assessment; and further, That City staff be authorized and directed to do all things necessary to give effect to this resolution.

That the November 28, 2023, report title, “RECOMMENDATION REPORT, Markham Commercial Centre Ltd., Application for Site Plan Approval to facilitate the development of two three-storey office buildings and three one-storey industrial buildings located south of Highway 7 and west of Woodbine Avenue, municipally known as 55 East Valhalla Drive, File No. SPC 22 118800 (Ward 8)”, be received; and, That the Site Plan Application (SPC 22 118800) submitted by Markham Commercial Centre Ltd. be endorsed in principle, subject to the conditions in Appendix “A”, and that Site Plan Approval be delegated to the Director of Planning and Urban Design or designate; and, That Site Plan Endorsement shall lapse and Site Plan Approval will not be issued after a period of three years from the date of endorsement in the event that the Site Plan Agreement is not executed within that time period; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the November 28, 2023, report titled, “RECOMMENDATION REPORT, “Sunny Communities (Markham Gold) Inc., Official Plan and Zoning By-law Amendment Application to permit a high rise mixed-use development with 736 units (624 apartment and 112 multiple dwelling units) at 9900 Markham Road (Ward 6), File No. PLAN 21 140327”, be received; and, That the Official Plan Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140327), be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and, That the Zoning By-law Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140476), be approved and the draft Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, That servicing allocation for 736 units be assigned to the proposed 21 storey apartment buildings and four-storey multiple dwelling unit buildings; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “Yonge North Subway Extension – Resource Agreement between City of Markham and Metrolinx” be received; and, That staff be directed to continue to negotiate the Resource Agreement and any other necessary associated documents with Metrolinx and that the Chief Administrative Officer be authorized to execute the Resource Agreement on terms satisfactory to the City Solicitor in consultation with the Commissioner of Development Services; and further, That staff be authorized and directed to do all things necessary to give effect to the resolution.

That By-laws 2023-160 to 2023-162 be given three readings and enacted.

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 1:22 PM:

That the November 29, 2023, confidential verbal update regarding Curated North Inc., 17, 19, 21, and 23 Morgan Avenue, Ontario land Tribunal Appeals of the Official Plan and Zoning By-law Amendment applications to permit a Residential High-Rise development comprised of a 40-storey residential building with 487 units (Ward 1), be received; and, That Council formally requests the Council of the Regional Municipality of York to direct Regional Staff to support the City in opposition to the Ontario Land Tribunal appeal; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report entitled “Disposition of Surplus Lands adjacent to 187 Helen Avenue” be received; and, That in accordance with By-law 178-96, the lands legally described as Part of Lot 11, Plan 2196, designated as Part 2 on Reference Plan 65R-28173, City of Markham, Regional Municipality of York, (the “ Subject Property ”), being an area of 6.9 square metres, be declared surplus; and, That subject to No. 2, above, the Senior Manager, Real Property be authorized to execute an Agreement of Purchase and Sale to sell the Subject Property to the registered owner of the lands municipally known as 187 Helen Avenue, Markham, for a purchase price of $10,226.44; and, That staff be authorized and directed to do all things necessary to give effect to the foregoing.

That the confidential report entitled “Disposition of surplus lands adjacent to 4077 Highway 7 East” be received; and, That in accordance with By-law 178-96, the lands legally described as Part of Lot 10 Concession 5, designated as Part 2 on Reference Plan 65R-40619, City of Markham, Regional Municipality of York, (the “ Subject Property ”), being an area of 136.9 square metres, be declared surplus; and, That subject to No. 2, above, the Senior Manager, Real Property be authorized to execute an Agreement of Purchase and Sale to sell the Subject Property to the registered owner of the lands municipally known as 4077 Highway 7 East, Markham, for a purchase price of $280,000; and further, That staff be authorized and directed to do all things necessary to give effect to the foregoing.

That the confidential report entitled “Properties for Tax Sale Authorization” be received; and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Transitioning Markham’s Blue Box Program to Product Producers in 2026” be received; and, That in accordance with Ontario Regulation 391/21: Blue Box , the City transition all eligible Blue Box services to Product Producers as represented by Circular Materials effective January 1, 2026; and, That the Director of Environmental Services be authorized to notify Miller Waste Systems Inc. of Markham’s intention to terminate Blue Box collection services in accordance with the terms and conditions outlined in the City’s Residential and Multi-Residential Waste Management Collection contract, in a form satisfactory to the City Solicitor; and, That the City Treasurer, in conjunction with the Director of Environmental Services, be authorized to approve and implement a strategy to fulfill the City’s obligations related to payment of the Early Termination Fee; and, That the City Solicitor be authorized to prepare any necessary contract amendments and/or other documentation necessary to give effect to the termination of Blue Box collection services and payment of the Early Termination Fee; and, That the Mayor and City Clerk be authorized to execute any necessary contract amendments and/or any other documentation necessary to give effect to the termination of Blue Box collection services and payment of the Early Termination Fee in a form satisfactory to the City Solicitor; and, That Staff report back with future updates on the transition process; and, That a copy of

That the November 27, 2023, Confidential Report titled “REQUEST FOR DIRECTION Ontario Land Tribunal Appeal by Cardea Bayview Valley Developments Limited - Zoning By-law Amendment application to permit a development of 10 three-storey townhouse units at 3 Steele Valley Road (Ward 1)”, be received; and, That the City Solicitor, or designate, and any necessary Staff be directed to attend the Ontario Land Tribunal in opposition to the appeal on the basis outlined in this Confidential Report; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That By-law 2023-159 be given three readings and enacted. Three Readings BY-LAW 2023-159, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 29, 2023.

That the Council meeting be adjourned at 1:33 PM.

1. That the report entitled “Water and Wastewater System Financial Plan,” prepared in accordance with the Safe Drinking Water Act and Ontario Regulation 453/07, be received; and, 2. That Council, as the Owner and Operating Authority of the City of Markham’s Drinking Water System, approve the Corporation of the City of Markham’s “Water and Wastewater System Financial Plan,” which indicates that the Markham drinking water and wastewater system is financially viable; and, 3. That Council authorize Staff to submit the “Water and Wastewater System Financial Plan” to the Ministry of Municipal 5 Affairs and Housing on or before the application deadline of January 21, 2024; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

6 1. That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

1. That the report entitled “VIA High Frequency Rail Project - Station Strategic Business Case” and presentation be received; and, 2. That the City of Markham endorses the VIA High Frequency Rail Project – Station Strategic Business Case and the Box Grove 7 Station location with all of its benefits from transit linkages, access to tourism destinations across the region, and economic development activity; and, 3. That Staff engage the VIA HFR project office to present and submit the strategic business case that supports Box Grove as the preliminary preferred station location; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “City of Markham Road Safety Plan - Terms of Reference” and presentation be received; and 2. That the following Terms of Reference for the development of the Markham Road Safety Plan be endorsed: a. Build on the outcomes of York Region’s Traveller Safety Plan and Markham’s Traffic Safety Audit to develop a Road Safety Plan that is tailored to the City of Markham; and, b. Develop and conduct a comprehensive stakeholder consultation plan to solicit public and stakeholder input and feedback throughout the development of the Road Safety Plan; and, c. Establish branding that is both specific for the City of Markham and complementary to the York Region Traveller Safety Plan to ensure consistent messaging is provided throughout the Road Safety Plan’s implementation; and, d. Complete a background review of relevant information, studies, and data to ensure the Road Safety Plan builds on previously completed work, is data-driven and evidence-based; and, 8 e. Identify engineering and enforcement measures (safety tools) and assess their applicability, feasibility and effectiveness; and, f. Review the City’s existing traffic calming policy, specifically as it pertains to vertical traffic calming measures such as speed humps/cushions and raised intersections; and, g. Develop a 5-year capital program which prioritizes the implementation of recommended measures; and, h. Develop a business case detailing the resource requirements (i.e. staff and financial) necessar

1. That the Varley-McKay Art Foundation of Markham Financial Statements for the year ending December 31, 2022, be approved; and, 9 2. That KPMG LLP be approved to audit the 2023 Varley McKay Art Foundation Financial Statements; and further, 3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the Staff report, dated November 28, 2023, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase II Properties”, be received; and, 2. That the written objections to designation under the Ontario Heritage Act as submitted by or on behalf of the property owners of 10159 McCowan Road (Ward 6) and 7880 Highway 7 East (Ward 5), be received as information; and, 3. That Council affirm its intention to designate 2 Legacy Drive (Ward 7): “Box Grove United Church” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, 4. That Council affirm its intention to designate 81 Dickson Hill Road (Ward 5): “Dickson Hill Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, 5. That Council affirm its intention to designate 4130 Nineteenth Avenue (Ward 6): “Almira Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, 6. That Council affirm its intention to designate 4159 Nineteenth Avenue (Ward 6): “Almira General Store and Post Office” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and, 7. That Council affirm its intention to designate 6772 Fourteenth Avenue (Ward 6): “Box Grove General Store” under Part IV, 10 Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significan

1. That the report entitled “Markham Centre Trail, Master Plan Study (Wards 2, 3 and 8)”, be received; and, 11 2. That the conceptual preferred trail route for the Markham Centre Trail, as set out in the Master Plan Environmental Study Report (ESR), be endorsed by Council; and, 3. That City staff be authorized to issue a Notice of Study Completion and file the Master Plan Study for Markham Centre Trail with the Ministry of the Environment, Conservation and Parks (MECP); and, 4. That City staff report back to Development Services Committee following the completion of the Markham Centre Secondary Plan Study and the Yorktech Drive Extension Environmental Assessment process to present the overall implementation program for the remaining sections of the Markham Centre Trails including timelines and a funding source assessment; and further, 5. That City staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the November 28, 2023, report title, “RECOMMENDATION REPORT, Markham Commercial Centre Ltd., Application for Site Plan Approval to facilitate the development of two three-storey office buildings and three one-storey industrial buildings located south of Highway 7 and west of Woodbine Avenue, municipally known as 55 East Valhalla Drive, File No. SPC 22 118800 (Ward 8)”, be received; and, 2. That the Site Plan Application (SPC 22 118800) submitted by Markham Commercial Centre Ltd. be endorsed in principle, subject to the conditions in Appendix “A”, and that Site Plan Approval be delegated to the Director of Planning and Urban Design or designate; and, 12 3. That Site Plan Endorsement shall lapse and Site Plan Approval will not be issued after a period of three years from the date of endorsement in the event that the Site Plan Agreement is not executed within that time period; and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the November 28, 2023, report titled, “RECOMMENDATION REPORT, “Sunny Communities (Markham Gold) Inc., Official Plan and Zoning By-law Amendment Application to permit a high rise mixed-use development with 736 units (624 apartment and 112 multiple dwelling units) at 9900 Markham Road (Ward 6), File No. PLAN 21 140327”, be received; and, 2. That the Official Plan Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140327), be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and, 3. That the Zoning By-law Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140476), be approved and the draft Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and, 4. That servicing allocation for 736 units be assigned to the proposed 21 storey apartment buildings and four-storey multiple dwelling unit buildings; and further, 13 5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the confidential report entitled “Disposition of Surplus Lands adjacent to 187 Helen Avenue” be received; and, 2. That in accordance with By-law 178-96, the lands legally described as Part of Lot 11, Plan 2196, designated as Part 2 on Reference Plan 65R-28173, City of Markham, Regional Municipality of York, (the “Subject Property”), being an area of 6.9 square metres, be declared surplus; and, 3. That subject to No. 2, above, the Senior Manager, Real Property be authorized to execute an Agreement of Purchase and Sale to sell 16 the Subject Property to the registered owner of the lands municipally known as 187 Helen Avenue, Markham, for a purchase price of $10,226.44; and, 4. That staff be authorized and directed to do all things necessary to give effect to the foregoing.

17 1. That the confidential report entitled “Properties for Tax Sale Authorization” be received; and, 2. That staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Transitioning Markham’s Blue Box Program to Product Producers in 2026” be received; and, 2. That in accordance with Ontario Regulation 391/21: Blue Box, the City transition all eligible Blue Box services to Product Producers as represented by Circular Materials effective January 1, 2026; and, 3. That the Director of Environmental Services be authorized to notify Miller Waste Systems Inc. of Markham’s intention to terminate Blue Box collection services in accordance with the terms and conditions outlined in the City’s Residential and Multi- Residential Waste Management Collection contract, in a form satisfactory to the City Solicitor; and, 4. That the City Treasurer, in conjunction with the Director of Environmental Services, be authorized to approve and implement a strategy to fulfill the City’s obligations related to payment of the Early Termination Fee; and, 5. That the City Solicitor be authorized to prepare any necessary contract amendments and/or other documentation necessary to give effect to the termination of Blue Box collection services and payment of the Early Termination Fee; and, 6. That the Mayor and City Clerk be authorized to execute any necessary contract amendments and/or any other documentation necessary to give effect to the termination of Blue Box collection services and payment of the Early Termination Fee in a form satisfactory to the City Solicitor; and, 18 7. That Staff report back with future updates on the transition proc